The Procurement Division of Knox County, Tennessee will receive sealed Request for Qualifications (RFQ) for On-Call
Geotechnical Consulting and Materials Testing Services as specified herein. RFQs must be received by 2:00 p.m. on
October 2, 2024. Late submittals will neither be considered nor returned.
Deliver Qualifications To:
Solicitation Number 3596
Knox County Procurement Division
Suite 100
1000 North Central Street
Knoxville, Tennessee 37917
The Envelope must show the Company Name, Solicitation Name, Solicitation Number & Closing Date.
SECTION I GENERAL TERMS AND CONDITIONS
1.1 ADDITIONAL INFORMATION: Knox County wants requests for additional information routed to Brian Hubbs,
Construction and Contract Specialist, at 865-215-5753. Questions may be emailed to brian.hubbs@knoxcounty.org.
If you have not heard from the Buyer in a reasonable amount of time, please call for further assistance. Information
about the Knox County Procurement Division may be obtained on the internet at www.knoxcounty.org/procurement.
1.2 ACCEPTANCE: Respondents shall hold their submittal firm and subject to acceptance by Knox County for a period
of ninety (90) business days from the date of the Qualification closing, unless otherwise indicated in their submittal.
1.3 AUDIT HOTLINE: Knox County has established an Audit Hotline to report potential fraud and waste. To report
potential fraud, waste, or abuse, please call 1-866-858-4443 (toll-free). You can also file a report online by
accessing http://www.knoxcounty.org/hotline/index.php.
Vendors are hereby cautioned that this Audit Hotline does not replace the Award Protest Procedures found
in Section VI, Item M of the Knox County Procurement Regulations.
1.4 BUSINESS OUTREACH PROGRAM: Knox County has established a Business Outreach Program which has the
responsibility of increasing opportunity for small, minority and women owned businesses. This is being
accomplished through community education programs, policy edification, active recruitment of interested
businesses and process re-engineering.
Knox County is committed to ensuring full and equitable participation for all disadvantaged businesses. Knox
County welcomes submittals from those disadvantaged businesses that have an interest in providing the goods
and/or services listed herein. In addition, Knox County strongly encourages the inclusion of disadvantaged
businesses by non-disadvantaged Contractors who may wish to partner or subcontract portions of this agreement
in order to accomplish the successful delivery of goods and/or services.
If you are a disadvantaged business and would like additional information about our Business Outreach Program,
please contact:
Diane Woods, Business Outreach Administrator
Knox County Procurement
Telephone: 865-215-5760
Fax: 865-215-5778
Email: diane.woods@knoxcounty.org
1.5 CONFLICT OF INTEREST: Vendors must have read and complied with the "Non-Conflict of Interest" statement
provided in the vendor registration process prior to the opening of this solicitation. Knox County’s Non-Conflict of
Interest Policy is available for review at https://www.knoxcounty.org/purchasing/conflict_policy.php.
1.6 COPIES: Knox County requires that Qualifications being submitted be one (1) marked original and three (3) exact
copies. An electronic copy on CD/flash-drive, in one complete file, is also required.
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1.7 DECLARATIVE STATEMENT: Any statement or words (e.g.: must, shall, will) are declarative statements and the
vendor must comply with the condition. Failure to comply with any such condition may result in the RFQ being
deemed non-responsive and disqualified.
1.8 ELECTRONIC RESPONSE: Due to the nature of this solicitation, the Knox County Procurement Division will not
accept electronically submitted responses. All qualifications must be submitted in hard copy format to the address
listed in this solicitation. Email and facsimile submission is strictly prohibited.
1.9 HOW TO DO BUSINESS: Knox County utilizes a web-based Procurement software system, “KnoxBuys.” The
system provides our clients (vendors, county departments and the citizens of Knox County) with a more enhanced
and end-user friendly means of accessing our services. The system allows for on-line vendor registration and
maintenance, electronic receipt of purchase orders, on-line retrieval and submittal of quotes, bids and proposals for
our vendor-clients and on-line requisitioning and receiving for our county departments. In order for the County to
maximize its investment and minimize the cost associated with office operations we need your help. When doing
business with Knox County we are urging you to please go to our website at www.knoxcounty.org/procurement,
register as a vendor in our on-line Procurement system, “KnoxBuys,” if you have not done so and whenever possible
to conduct your business with the County through this site. If you have any questions please contact the
Procurement Division Representative listed in Section 1.1 of this document.
1.10 INCURRED COSTS: Knox County will not be liable in any way for costs incurred by any respondent in the
preparation and submission of its RFQ in response to this solicitation, nor for the presentation of its qualifications
and/or participation in any required meetings, discussions or negotiations. If any oral presentations are required,
Knox County advises vendors to be thorough and complete in submission of information.
1.11 NO CONTACT POLICY: After the date and time the firm receives this solicitation, any contact initiated by any firm
with any Knox County representative, other than the Procurement Division representative listed herein, concerning
this RFQ is strictly prohibited. Any such unauthorized contact may cause the disqualification of the firm from this
procurement transaction.
1.12 NON-COLLUSION: Vendors, by submitting a signed RFQ, certify that the accompanying submittal is not the result
of, or affected by, any unlawful act of collusion with any other person or company engaged in the same line of
business or commerce, or any other fraudulent act punishable under Tennessee or United States law.
1.13 PUBLIC RECORDS ACT: Knox County is subject to the Tennessee Public Records Act 10-7-503 et seq.
Respondents are cautioned that all documents submitted on behalf of this RFQ shall be open to the public for
viewing and inspection and Knox County will comply with all legitimate requests.
1.14 QUALIFICATION DELIVERY: Knox County requires respondents, when hand delivering responses, to time and
date stamp the envelope before depositing it in the bid box. The time clock in the Procurement Division shall become
the official record of time. Knox County shall not be responsible for lost or misdirected mail sent by common carrier,
nor will Knox County be responsible for qualifications delivered to addresses and Suites other than the delivery
address and Suite specified at the top of this solicitation.
Solicitations must be in a sealed envelope/box prior to entering the Procurement Division office.
Procurement Division personnel are not allowed to see the submittal nor assist in placing documents in an
envelope/box. Additionally, the Procurement Division is not responsible for providing materials (e.g.
envelopes, boxes, tape) for submittals.
1.15 RECYCLING: Knox County, in its continuing efforts to lessen the amount of landfill waste and to further
recycling efforts, request that RFQs be submitted on paper and shall:
• Be submitted on recycled paper.
• Not include pages of unnecessary advertising.
• Be made on both sides of each sheet of paper.
1.16 SIGNING OF QUALIFICATIONS: In order to be considered all Qualifications must be signed. Please sign
the original in blue ink. By signing the response document, the respondent acknowledges and accepts the term
and conditions stated in the RFQ document. It is suggested that mailed RFQs be sent by certified or registered mail
with return receipt requested or RFQs sent via common carrier include tracking and delivery confirmation.
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1.17 TITLE VI OF THE CIVIL RIGHTS ACT: “Nondiscrimination in Federally Assisted Programs” - “No person in the
United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”
42 U.S.C. section 2000 et seq. It is the policy of Knox County Government that all its services and activities be
administered in conformance with the requirements of Title VI.
1.18 UNFORESEEN CIRCUMSTANCES: During periods of closure due to unforeseen circumstances in Knox County
or closures at the direction of the Knox County Mayor, the Procurement Division will enact the following procedures
in regards to solicitations and closures:
• If the Mayor closes the Administrative offices prior to the time set for solicitation opening of any business
day, all solicitations due that same day will be moved to the next operational business day.
• Other unforeseen circumstances shall be at the sole discretion of the Procurement Director.
• Knox County shall not be liable for any commercial carrier’s decision regarding deliveries during any
unforeseen circumstances.
1.19 VENDOR REGISTRATION: Prior to the closing of this solicitation, ALL INTERESTED FIRMS must be registered
with the Procurement Division. A vendor application may be submitted online at www.knoxcounty.org/procurement.
Select the On-Line Vendor Registration link and complete the forms. Knox County shall not be responsible for
technical difficulties experienced by vendors trying to register less than twenty-four (24) hours prior to the solicitation
closing time.
1.20 WAIVING OF INFORMALITIES: Knox County reserves the right to waive minor informalities or technicalities
when it is in the best interest of Knox County.
SECTION II OBLIGATIONS, RIGHTS AND REMEDIES
These terms and conditions shall be part of the contract. Knox County reserves the right to negotiate other terms
and conditions it deems appropriate and necessary under the circumstances to protect the public’s trust.
2.1 ALTERATIONS OR AMENDMENTS: No alterations, amendments, changes, modifications or additions to this
Contract shall be binding on Knox County without the prior written approval of the County.
2.2 APPROPRIATION: In the event no funds are appropriated by Knox County for the goods or services in any fiscal
year or insufficient funds exist to purchase the goods or services, then the Contract shall expire upon the
expenditure of previously appropriated funds or the end of the current fiscal year, whichever occurs first, with no
further obligations owed to or by either party.
2.3 ASSIGNMENT: Contractor shall not assign or sub-contract this agreement, its obligations or rights hereunder to
any party, company, partnership, incorporation or person without the prior written specific consent of Knox County.
2.4 BOOKS AND RECORDS: Contractor shall maintain all books, documents, accounting records and other evidence
pertaining to the goods and services provided under this Contract and make such materials available at its offices
at all reasonable times during the contract period and for three (3) years from the date of the final payment under
this agreement for inspection by County or by any other governmental entity or agency participating in the funding
of this agreement, or any authorized agents thereof; copies of said records to be furnished if requested. Such
records shall not include those books, documents and accounting records that represent the Contractor's costs of
manufacturing, acquiring or delivering the products and services governed by this agreement.
2.5 CHILD LABOR: Contractor agrees that no products or services will be provided or performed under this Contract
that have been manufactured or assembled by child labor.
2.6 COMPLIANCE WITH ALL LAWS: Contractor is assumed to be familiar with and agrees to observe and comply
with all federal, state, and local laws, statutes, ordinances, and regulations in any manner affecting the provision of
goods and/or services, and all instructions and prohibitive orders issued regarding this work and shall obtain all
necessary permits.
2.7 CRIMINAL HISTORY CHECK: Any and all contractors, sub-contractors, successful vendors, vendor employees
and school employees agree to comply with Tennessee Code Annotated Section 49-5-413. Tennessee Code
Annotated Section 49-5-413 requires that all parties providing services at Knox County Schools must submit to a
criminal history records check at their expense.
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The criminal history check is to be conducted by the Tennessee Bureau of Investigation and the Federal Bureau of
Investigation prior to permitting the party to have contact with students or enter school grounds when students are
present. Vendors are to submit the Affidavit of Compliance, Exhibit C, with their response.
2.8 DEFAULT: If Contractor fails to perform or comply with any provision of this Contract or the terms or conditions of
any documents referenced and made a part hereof, Knox County may terminate this Contract, in whole or in part,
and may consider such failure or noncompliance a breach of contract. Knox County expressly retains all its rights
and remedies provided by law in case of such breach, and no action by Knox County shall constitute a waiver of
any such rights or remedies. In the event of termination for default, Knox County reserves the right to purchase its
requirements elsewhere, with or without competitive solicitation.
2.9 GOVERNING LAW; VENUE: This agreement shall be exclusively construed, governed, and controlled by the Laws
of the State of Tennessee without regard to principles of law, including conflicts of law, of any other jurisdiction,
territory, country, and/or province. Any dispute arising out of or relating to this agreement shall exclusively be
brought in the Chancery Court or the Circuit Court of Knox County, Tennessee. Each party consents to personal
jurisdiction thereto and waives any defenses base on personal jurisdiction, venue and inconvenient forum.
2.10 INCORPORATION: All specifications, drawings, technical information, Request for Qualifications, Award and
similar items referred to or attached or which are the basis for this Contract are deemed incorporated by reference
as if set out fully herein.
2.11 INDEMNIFICATION/HOLD HARMLESS: Contractor shall indemnify, defend, save and hold harmless Knox County,
its officers, agents and employees from all suits, claims, actions or damages of any nature brought because of,
arising out of, or due to breach of the agreement by Contractor, its subcontractors, suppliers, agents, or employees
or due to any negligent act or occurrence or any omission or commission of Contractor, its subcontractors, suppliers,
agents or employees.
2.12 INDEPENDENT CONTRACTOR: Contractor shall acknowledge that it and its employees serve as independent
contractors and that Knox County shall not be responsible for any payment, insurance or incurred liability.
2.13 INSPECTION AND ACCEPTANCE: Warranty periods shall not commence until Knox County inspects and formally
accepts the goods and/or services. The terms, conditions and timing of acceptance shall be determined by Knox
County. Knox County reserves the right to reject any or all items or services not in conformance with applicable
specifications, and Contractor assumes the costs associated with such nonconformance. Acceptance of goods or
services does not constitute a waiver of latent or hidden defects or defects not readily detectable by a reasonable
person under the circumstances.
2.14 IRAN DIVESTMENT ACT: By submission of this RFQ, each respondent and each person signing on behalf of any
respondent certifies, and in the case of a joint submittal each party thereto certifies as to its own organization, under
penalty of perjury, that to the best of its knowledge and belief that each responding firm is not on the list created
pursuant to Tennessee Code Annotated Section 12-12-106. Vendors are to submit the Affidavit of Compliance,
Exhibit B, with their bid.
2.15 LIMITATIONS OF LIABILITY: In no event shall Knox County be liable for any indirect, incidental, consequential,
special or exemplary damages or lost profits, even if Knox County has been advised of the possibility of such
damages.
2.16 NO BOYCOTT OF ISRAEL: Pursuant to Tennessee Code Annotated Title 12, Chapter 4, Part 1, by submission of
a response to this solicitation, each respondent and each person signing on behalf of any respondent certifies, and
in the case of a joint response each party thereto certifies as to its own organization, under penalty of perjury, that
to the best of its knowledge and belief that each respondent is not currently engaged in, and will not for the duration
of the contract engage in, a boycott of Israel. Vendors are to submit the Affidavit of Compliance, Exhibit B, with
their bid.
2.17 NON-DISCRIMINATION AND NON-CONFLICT STATEMENT: Contractor agrees that no person on the grounds
of handicap, age, race, color, religion, sex, national origin or any individual trait or characteristic found to be an
illegal consideration, shall be excluded from participation in, or be denied benefits of, or be otherwise subjected to
discrimination in the performance of this agreement, or in the employment practices of vendor. Contractor shall
upon request show proof of such non-discrimination, and shall post in conspicuous places available to all employees
and applicants notices of non-discrimination.
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Contractor covenants that it complies with the Fair Wage and Hour Laws, the National Labor Relations Act, and
other federal and state employment laws as applicable. Contractor covenants that it does not engage in any illegal
employment practices. Contractor covenants that it has no public or private interest, and shall not acquire directly
or indirectly any interest which would conflict, in any manner, with the provision of its goods or performance of its
services. Contractor warrants that no part of the total contract amount provided herein shall be paid directly or
indirectly to any officer or employee of Knox County as wages, compensation, or gifts in exchange for acting as
officer, agent, employee, subcontractor or consultant to Contractor in connection with any goods provided or work
contemplated or performed relative to the agreement.
2.18 ORDER OF PRECEDENCE: In the event of inconsistent or conflicting provision of this Contract and referenced
documents, the following descending order of precedence shall prevail: (1) Contract, (2) Request for Qualifications
(3) Contractor’s Response, (4) Award, (5) Special Terms and Conditions, (6) General Terms and Conditions, (7)
Specifications, (8) Drawings.
2.19 REMEDIES: Knox County shall have all rights and remedies afforded under the U.C.C. and Tennessee law in
contract and in tort, including but not limited to rejection of goods, rescission, right of offset, refund, incidental,
consequential and compensatory damages and reasonable attorney’s fees.
2.20 RIGHT TO INSPECT: Knox County reserves the right to make periodic inspections of the manner and means the
service is performed or the goods are supplied.
2.21 SEVERABILITY: If any provision of this Contract is declared illegal, void or unenforceable, the remaining provisions
shall not be affected but shall remain in force and in effect.
2.22 TAX COMPLIANCE: Pursuant to Resolution R-07-1-903 passed by the Commission of Knox County, Tennessee,
Contractor hereby acknowledges by submission of their signed submittal that they are current in its respective
Federal, State, County, and City taxes of whatever kind or nature and is not delinquent in any way. Delinquent
status must be disclosed or risk debarment by the Knox County Procurement Division.
2.23 TERMINATION: Knox County may terminate this agreement with or without cause, upon written notice of not less
than thirty (30) calendar days. In the event of termination by either party, fees due for services satisfactorily
performed or goods accepted prior to the terminationdate shall be paid.
2.24 WARRANTY: Contractor warrants to Knox County that all items delivered and all services rendered shall conform
to the specifications, drawings, qualifications, and/or other descriptions furnished and/or incorporated by reference,
and will be fit for the particular purpose purchased, of merchantable quality, good workmanship, and free from
defects. Contractor extends to Knox County all warranties allowed under the U.C.C. Contractor shall provide copies
of warranties to the County. Return of merchandise not meeting warranties shall be at contractor's expense.
SECTION III SCOPE OF WORK
3.1 SCOPE OF WORK: Knox County, an equal opportunity/affirmative action employer, seeks to retain the services of
a professional engineering consulting firm(s) to provide geotechnical services, construction services, and
environmental services. The professional engineering consulting firm(s) must be on TDOT’s preapproved list.
Responsibilities of the professional engineering firm include, but are not limited to:
a. Engineering testing, analysis, design
b. Geotechnical drilling and rock coring
c. Foundation analysis and testing
d. Pavement assessment and design
e. Construction materials engineering and testing
f. Soils/materials laboratory capabilities
g. Environmental testing
3.2 ADDITIONS/DELETIONS: Knox County reserves the right to add or delete services as the need arises. If items
are to be added, Knox County and the Contractor will arrive at a mutually agreed price.
3.3 AWARD: Knox County intends to issue a one (1) year award. Upon the mutual agreement of the vendor(s) and
Knox County, the award may be extended for four (4) additional years, one (1) year at a time. This may result in a
total of five (5) years.
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This page summarizes the opportunity, including an overview and a preview of the attached documents.